The Constitutional Court (Mahkamah Konstitusi –MK) was again held judicial review session on Act Number 5 Year 2014 of State Civil Officials (Undang-Undang Aparatur Sipil Negara –UU ASN) on Tuesday (10/2). The case registered with number 9/PUU-XIII/2015 was filed by Fathul Hadie Utsman, Sanusi Afandi, Saji, Ahmad Aziz Fanani, Muiz Maghfur, Erike Yani Sonhaji, Abdul Rahman, Dedi Rahmadi, and Ratih Rose Mery.

At the revision session, the Applicant explained they had revised petition as advised by Justice Panel on the previous session. The Applicant had revised petition systematic and article addition.

“Under input of petition clarify for Article 99 (2), we had revised and assured the article a quo to be declared contrary to the 1945 Constitution and no longer conditional. Other petitums are still the same with initial petition,” explained him in front of Justice Panel led by Deputy Chief Anwar Usman.

Justice Panel explained that the petition would be forwarded to the Justice’s Consultative Meeting (Rapat Permusyawaratan Hakim –RPH) prior to next session. The Applicant felt detrimental by the enactment of Article 1 point 4, Article 96 (1), Article 98 (1) and (2), Article 99 (1) and (2), Article 105 (1) letter a and Article 135 Act of the State Civil Officials. The Applicant felt didn’t granted fair legal certainty towards their right to work as working-agreement government officials (Pegawai Pemerintah Perjanjian Kerja –PPPK) which had no contract system and had right to be stipulated as civil servants (pegawai negeri sipil –PNS) automatically.

The Applicant explained recent government institutions had employed honorary employees of non-civil servant employees. According to the Applicant, honorary employees and non-civil servant employees should automatically stipulated as state civil officials under working-agreement government officials status. If they didn’t automatically stipulated, massive layoff towards them would be occurred. They also would lose their right to get job as either state civil officials or working-agreement government employees. In fact, civil servants were automatically stipulated as state civil officials. The Applicant argued the provision was a discriminative treatment towards them. (Lulu Anjarsari/Prasetyo Adi N)